North Rhine-Westphalia, Germany -- (SBWire) -- 03/20/2013 --GRP Rainer Lawyers Tax Advisors, Cologne, Berlin, Bonn, Düsseldorf, Frankfurt, Hamburg, Munich, Stuttgart, Hanover, Bremen, Nuremberg Essen and London www.grprainer.com/en explains: The instant case concerned a marten infestation in the roof of a house. The Koblenz Higher Regional Court (judgment of 15 January 2013, Az.: 4 U 874/12) decided in favour of the purchaser. The sellers had stated at the time of the purchase that they were not aware of any hidden defect in the house. A few months later, however, the purchaser discovered damage that had emerged to the roof insulation from marten food and faeces.
The sellers subsequently explained that they would have already rectified the damage during a partial refurbishment of the roof and therefore assumed that it was now free from defects. In the view of the Koblenz OLG, after the marten had been living in the roof for about a year, making a lot of noise and apparently destroying it, the sellers must have assumed or at least suspected during the partial refurbishment that the rest of the roof was also damaged.
Despite the exclusion of warranty of the sellers in the purchase agreement, the purchasers could bring claims for damages. The seller cannot invoke a warranty exemption insofar as he has fraudulently concealed a defect or assumed a guarantee for the condition of the object.
The judgment made it clear that purchasers should not be immediately deterred by warranty exemptions of the seller. Thus, liability for bad faith cannot be readily excluded. Instead, if you have concerns as a purchaser, you should seek the advice of a lawyer active in the l real estate law. He will be able to carefully examine your individual situation and claims.
As a seller, particularly with respect to real estate, you should also always legally secure yourself. If it subsequently emerges, for example, that an agreed warranty exemption is not effective or is not applied for other reasons, this can have devastating consequences. Consulting an experienced lawyer as early as the planning of the sale can potentially protect you from such nasty surprises.
About GRP Rainer, LLP
GRP Rainer LLP http://grprainer.com/en/ is an international firm of lawyers and tax advisors who are specialists in commercial law. The firm counsels commercial and industrial companies and corporations, as well as associations, small- and mid-sized businesses, self-employed freelancers and private individuals worldwide from offices Cologne, Berlin, Bonn, Dusseldorf, Essen, Frankfurt, Hamburg, Hannover, Munich, Stuttgart, Bremen, Nuremberg and London UK.
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Phone: +49 221-27 22 75-0
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Seller Cannot Invoke the Warranty Exemption if There Is Bad Faith
When a house is sold, the seller is potentially unable to invoke a contractual warranty exemption if he fraudulently failed to fully disclose an existing defect.